New India Insurance Co. Ltd. v. Anil Baban Gaikwad (Dead) Thr Lrs Parvatabai And ORS

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6153 OF 2020 IN FA/642/2017 NEW INDIA INSURANCE CO. LTD.

VERSUS

ANIL BABAN GAIKWAD (DEAD) THR LRS PARVATABAI AND ORS ...

Advocate for Applicant : Ms. Sayali S. Tekale h/f. Mr. Chapalgaonkar S.G.

Advocate for Respondent No. 2 : Mr. M.P. Bhaskar CORAM : RAJESH S. PATIL, J.

DATED : 07 OCTOBER, 2022 PER COURT:- 1.

Civil Application No. 6153/2020 is filed for bringing legal heirs of respondent No. 1 on record. 2.

There is a delay of 80 days in filing this application. Learned counsel for respondent opposes the application.

3.

The Division Bench of this Hon'

ble High Court in Keshao Kawadu Maral and another Versus State of Maharashtra, reported in 2005 (supp.) B.C.R. 226, condoned the delay of six years in filing the application of bringing legal heirs on record, relying on Supreme Court

-2judgment of Sardar Amarjit Singh Kalra (Died) by LRs and others Versus Pramod Gupta (Smt.) Dead) by Lrs. And others, reported in (2003) 3 SCC 272.

4.

Relying upon the above judgments and for the reasons stated in the application, civil application No. 6153/2020 is allowed in terms of prayer clause ' B'

, '

C' and '

D'

. The Civil Application stands disposed off. Abatement stands set aside.

5.

Amendment to be carried out within a period of six (06) weeks from today.

[ RAJESH S. PATIL, J. ] SPChauhan